Inquisition For Small Town Of Our Country In The Land Law-breaking And The Law Analysis And Countermeasure Research

The modernization in China has brought about the trend of industrialization and urbanization consequentially. During these processes, the industrial and urban construction have occupied a great amount of land, especially the farmland and will continue to do so. which is doomed to intensify the conflict between people and land in China. Therefore, how to alleviate the conflict and how to coordinate both sides for balanced development have become an urgent issue. Nowadays, the area of farmland in China has shrunk drastically, so the central government has administrated land more severely, but their focus is merely on key cases. But the illegal phenomena on small-scale land used for small town construction in are prevailing. Our country bears 45.000 small towns, in which the number of cases of illegal land-use are shocking. It has been mentioned before, but it is only from the angle of food security. Hence, not enough attention has been paid theoretically and practically. In this paper, on-the-spot investigation of is taken as an example. Considering the similar situation in other cities and provinces, the characteristics, causes and legal consequence of violation of construction land in Chinese small towns are analyzed, and the corresponding suggestion is put forward in this paper.Firstly, this paper introduces specifically the violation of construction land in a small town in the northeast of Sichuan. In order to illustrate the typicalness of this small town, the general situation of such cases in the small towns of other cities andprovinces is introduced.Secondly, the characteristics and causes of law breaking in the small town for land use in small town construction are reported. The characteristics are the diversified law-breaking subjects, the certain concealment, the various law-breaking forms, the faint awareness of farmland protection, the shortage of supervising means. The causes are the slight farmland protecting awareness in concept and the defectiveness of land administration and leader administration in system, the deficiency of right balancing right and profit restricting profit in law and reason, and the shortcomings in legislation and execution in law.Thirdly, the legal consequence is analyzed, that is, from the constitution, the human rights (living rights) of some people are threatened, the legal system construction is disturbed and the dignity of law is insulted, from the civil law, the protection of private estate is blocked.Finally, the solution and suggestion are put forward. We need to correctly understand and handle the relationship among economic development, urban construction and farmland protection, to propagate vigorously and value fully the extreme importance of farmland protection, to make out the situation and carry out the elementary work of farmland protection and the most important of all, is to reform the land administration model. The traditional model of administrating the majority by minority of people in the government needs to be changed into activating the mass with right balancing right and profit restricting profit. To be more specific, the land contractual right should be announced everlasting in legislation, the land should be enact with program low, the land administration law should be amended, and the criminal punishment should be intensified. As for administration and law execution, supervise and leading need to be combined, and so on.